Car insurance

Dear Sir,
I renewal my car insurance policy from Universal Sompo General Insurance in 05 nov'14 (As per Cover Note), and final policy issued me 12 Nov'2014 (As mentioned on final policy which is received by me after 10-15 days later. and last six month i visit jammu, delhi, uttrakhand, haryana with my family with safe as per my car policy. but last couple day my car damage with a chain accident, i contact concern insurance executive with Universal sompo, but now they are saying, your cheque was bounce that time (nov' 14), so that you are not eligible for any accident claim.
SIR MY QUESTION IS:
1- If payment (CHEQUE) is not clear, why they sent me final policy.
2- policy cover note date is 05.11.2014 and policy issued date is 12.11.2014, that means 7 days, if cheque is not clear, than they should be contact me on my given mob. number.
3- I have a current account of with Karnataka Bank Ltd. who is the partner of universal sompo insurance, they can be also inform to me.
please advise me what can i do, i am unable to pay workshop charges of Rs.80000 to 100000 against car damage exps.
Thanks With Regards,
Bharat Singh - 9814055257
e mail: bsrana.uk@gmail.com

Asked 2 years ago in Civil Law from Mohali, Punjab

You can approach the consumer forum if your claim has been repudiated by the insurance company especially if you feel that you are at no fault.

1) please check whether your cheque was dishonoured or cleared on presentation
2) if your cheque had bounced you have no claim
3)policy must have been issued on basis that cheque would be honoured on presentation
4)insurance company should have contacted you and informed you of dishonour of cheque
5) you wont get your claim reimbursed from the company if your cheque had bounced and you have to pay the total cost of car repairs

1. Since the policy has been issued to you the insurance company cannot deny your accident claim.
2. In the event the cheque had bounced the insurance company could have prosecuted you for cheque bounce, but it did not do so.
3. Issue a lawyer's notice to the insurance company asking it to perform its duty.

Since the insurance company did not prosecute you for cheque bounce case neither informed you for these many months that the cheque had bounced, then they cannot deny their liability. Further, since you issued a cheque, amount must have been deducted from your account as well or you neglected to check if the amount has been debited or not?
Issue a legal notice demanding the insurance company to comply with its liability, file a consumer case against them for deficiency in service.

Indian Laws

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